Class-action suit against Apple and AT&T monopoly is now certified

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Class-action suit against Apple and AT&T monopoly is now certified
A law-suit alleging that Apple and AT&T had a secret monopoly has been certified by the court. This means that the plaintiffs now represent all iPhone owners who are welcome to join the class. The lead counsel for the plaintiffs, Mark Rifkin, says that AT&T's 2 year contract states that a customer can leave the carrier if they pay an early termination fee. But Rifkin notes that iPhone users in the U.S. cannot switch carriers even if they pay the ETF because the iPhone works on only one carrier. The suit, originally filed in 2007, alleges that while the carrier said that iPhone users were entering into a 2 year contract with AT&T, because of the exclusivity deal with Apple, the actual term of the contract was unknown and didn't end until the exclusivity period ended. On Thursday, Judge James Ware of the U.S. District court for the Northern District of California on Thursday granted class certification of plaintiffs’ claims of a monopoly between the two companies. The suit is seeking an unknown amount of damages and injunctive relief for the complaint which is titled “Apple & ATTM Antitrust Litigation. Neither Apple nor AT&T would comment on the court's action.

source: Wired

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27 Comments

1. breal525

Posts: 27; Member since: May 24, 2010

Who cares! Jump on board and you wont make any money its all BS. Im not saying the new iPhone dosnt have problems but come on a law suit will only line the pockets of lawers. What about the people? Nothing!

24. Gowireless

Posts: 85; Member since: Feb 23, 2010

everyone always says if verizon would get the iphone it would make them verizon dont need this garb phone at&t on the other hand better hope they keep that contract if they lose it at&t will sink without the iphone at&t has nothing half the people that r on at&t r not on it because of at&t they r there cuz of the iphone iphone 4.0=fail DROID X

2. ajac09

Posts: 1482; Member since: Sep 30, 2009

keep the iphone on AT&T dont need those idiots moving to other carriers

5. cc16177

Posts: 312; Member since: May 09, 2010

Exactly...

7. jkaige

Posts: 12; Member since: Jul 01, 2010

There should be an IQ test to take to buy any smartphone. Cause if ye aint smurt enuff ye don't need one. LMAO!

15. markemark11

Posts: 47; Member since: Jan 07, 2010

+1

23. RonRex

Posts: 3; Member since: Jun 04, 2010

So your saying the Iphone and the future of the IPhone would not prosper from being on a better network?

3. warhed

Posts: 56; Member since: Mar 07, 2010

That's kind of dumb... I can't use my moto droid w/sprint either. Think I'll sue! But maybe this will end exclusive phones w/carriers, BUT each carrier has a different radio 3g. So sue the carriers so having different bands?! This lawsuit is stupid but hopefully something good comes out of it & that the lawyers just don't get fatter wallets!

4. doublej1970

Posts: 28; Member since: Apr 16, 2010

Sprint has a droid! It just isn't the motorola droid! t-mobile,verizon,at&t,sprint have droid's!! This class action is saying that the apple OS is only for at&t,and that is not cool when at&t has a ETF for the iphone! If some other company had the iphone then the ETF would be legal!! Basically the class action is saying that at&t sevice sucks!!

6. jkaige

Posts: 12; Member since: Jul 01, 2010

No the class action suit is saying that you cannot unlock your iPhone and take it to another carrier in the states. Do you not read? And no Sprint, T-Mo, and AT&T have androids. Only Verizon carries the name Droid. There is no difference but in the marketing. But Droid is an exclusive to Verizon. Android is across all major carriers.

8. sprintguy09

Posts: 79; Member since: Apr 17, 2010

Andriod is Andriod no matter how how you look at it all carriers have a droid like phone

9. jkaige

Posts: 12; Member since: Jul 01, 2010

OK. I was saying the Droid name is Verizon's. So stop being dumb and read how that is worded. Doublej was trying to be a mr smartypants and I was just correcting the terminology he used. Now correcting yours. Comment 10 was supposed to be an edit of 9 but evidentally hit reply instead of edit.

10. jkaige

Posts: 12; Member since: Jul 01, 2010

The Android OS is on all carriers. Droid is a Verizon Campaign that only Verizon has copyright to thanks to George Lucas and Lucasfilms. So again correcting you.

14. rwolf1984

Posts: 536; Member since: Jun 06, 2009

Sprint has an EVO not a Droid...VZW has Droids

22. networkdood

Posts: 6330; Member since: Mar 31, 2010

DROID - the name - is actually still owned as a word by LUCAS: Droids are androids and various robotic machines seen in Star Wars, Star Trek, Doctor Who, Ben 10, and Benji, Zax & the Alien Prince. The use of the clipped form droid, derived from android, originated in the first of the Star Wars series of movies in 1977.[1] It is a registered trademark of Lucasfilm Ltd.[2] Prominent examples of droids in Star Wars include R2-D2 and C-3PO. R2-D2 is an astromech droid, a class of droid used aboard spaceships for repairs and navigational computing. Protocol droids assist in communications and etiquette, and can also carry out administrative tasks;[3] the protocol droid C-3PO is "fluent in over six million forms of communication."[4] Most protocol droids have a humanoid shape similar to that of the people around whom they work.[3] The term "Droid" has been licensed by Verizon Wireless for their line of smartphones based on the Android operating system. Motorola's late-2009 Google Android-based cell phone is called the Droid. This line of phone has been expanded to include other Android-based phones released under Verizon, including the HTC Droid Eris, the HTC Droid Incredible and the newly announced Motorola Droid X[5] and Motorola Droid 2[6].The term is used under license from Lucasfilm

11. Gawain

Posts: 431; Member since: Apr 15, 2010

What I think is hilarious about class action suits is that in the end, the end-user of the class gets the equivalent of a coupon to Waffle House while the two or three lawyers involved rake in millions in the settlement. So, for all you iPhone users that are part of the class, enjoy your coupon to Waffle House or wherever...

25. cellgeek82

Posts: 518; Member since: Dec 20, 2009

They'll have static reception and dropped calls while eating their waffles lol. But by gosh their phone has an Apple logo on it so I guess trying to be cool is worth the free waffles. Android+Verizon= WIN Apple+any carrier= iSheep

12. xtroid2k

Posts: 601; Member since: Jan 11, 2010

If I'm not mistaken; are not all cell phones exclusive to there carrier regardless of varients and such and such. Ok Blackberry is every where but what about the ENV3. So that means Verizon and LG can be considered monoply because of exclusivity. Nice!

13. jkaige

Posts: 12; Member since: Jul 01, 2010

Where that may be true, the Env3 is not the iPhone. People complain about the iPhone because its an Apple product. And then you have people that are jailbreaking the iPhone and as of now its illegal. But you can have the Env3 unlocked by Verizon. You can't have the iPhone unlocked. So small difference but that's the only reason this has gotten to the point it has. Stupid but true.

16. broro

Posts: 4; Member since: Jan 28, 2010

What's retarded is that its even gone to court. It's a cell phone, people, if you don't want at&t service, then simply don't get it. Quit letting the government think for you. Sign the contract or don't, it's your choice. I'm gonna pull an Alec Baldwin here and say if this actually rules in favor of the plaintiff's, I'm moving to another country.

17. jrcrow79

Posts: 477; Member since: May 02, 2008

BTW!...WarHed..YES you CAN use any US CDMA phone on ANY CDMA US carrier..2yrs ago my uncle got his vzw Storm onto Sprints network..im NOT gonna say how..but to this day he has 100% function and service with them

18. jkaige

Posts: 12; Member since: Jul 01, 2010

You make it sound like it is illegal. It's not illegal if VZW provided the unlock code. Otherwise it really is and you could get in trouble. But I unlocked a enV touch and sold it to a friend who has Revol Wireless. Horrible service but the phone works great on it.

19. jrcrow79

Posts: 477; Member since: May 02, 2008

no not an unlock code..loll...anyways YOU CAN add a sprint to vzw phone..its not easily done...though everyone will say you cant

20. jkaige

Posts: 12; Member since: Jul 01, 2010

Oh I just thought you were saying he had it unlocked and took it to Sprint. But I don't blame him if he wanted to save money. Sprint takes the cake when it comes to great plans. Too bad VZW can't lower their plans. But I will never give up the most 3g coverage for faster speeds or lower rates. I use my phone alot and travel everywhere so I need the Big Red thanks to that amazazing coverage.

21. networkdood

Posts: 6330; Member since: Mar 31, 2010

Wow, another ignoramus suing over something that is a luxury - a cell phone - ATTENTION IPHONE users - just like any postpaid phone with any other carrier, you need to read your contract - having the right to unlock your phone is not a give in.What damages can a judge give to an idiot who bought a cell phone?? After your 2-yr contract is up. go somewhere else - you are free to do so. MAYBE, when buying a phone the potential buyer should be forced to read every terms and condition of the contract to be signed. I am so glad I bought an ANDROID (unlocked). WOW, APPLE has their iPHONE users addicted like those addicted to cocaine or meth....next, we will hear about one of them selling their kid at a local walmart for 25.00.....

26. cellgeek82

Posts: 518; Member since: Dec 20, 2009

I just wish people would figure out there's more to life than iPhone, and that living a normal life without an iPhone is possible, and there are other great devices out there that work great at making phone calls. Just because all your iSheep friends have an iPhone doesn't mean you have to have one. If there's an app that tells iPhone users to play in traffic, hospitals are going to fill up! I predict in the future there will be iPhone rehab clinics. C'mon people, find Jesus and stop idolizing a friggin phone!

27. disgruntled unregistered

This is the thing. No where when you sign up and buy an iphone4 do they tell you that OH, by the way whether you finish your contract or pay to terminate my service and then actually OWN my iphone4. I will not be able to get the unlock code from apple or at&t because they have this exclusivity agreement. And maybe when that deal ends (in who knows how long), you might be able to get the unlock code. I'm really annoyed by this because I'm moving abroad permanently, so when I pay the $325 or whatever the EFT is....I now have a very nice completely useless phone. I'm not trying to screw them, I was more than happy to pay the EFT, I just want to be able to use my phone abroad since I own it after all. No where do they advertise this kind of information to consumers, why? Because then nobody would ever buy an iphone. I feel misled....so At&t can kiss my @ss. I will move abroad, rack up roaming charges and make tons of calls and close all my USA bank accounts and they can terminate my contract.

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